Sprint Telephony Pcs v. County of San Diego

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SPRINT TELEPHONY PCS, L.P., a  Delaware limited partnership, Plaintiff-Appellant- Cross-Appellee, and PACIFIC BELL WIRELESS LLC, a Nevada limited liability company, dba Cingular Wireless, Plaintiff, v. Nos. 05-56076

COUNTY OF SAN DIEGO; GREG COX, 05-56435

in his capacity as supervisor of the County of San Diego; DIANNE  D.C. No.

CV-03-1398-BTM

JACOB, in her capacity as supervisor of the County of San ORDER Diego; PAM SLATER, in her capacity as supervisor of the County of San Diego; RON ROBERTS, in his capacity as supervisor of the County of San Diego; BILL HORN, in his capacity as supervisor of the County of San Diego, Defendants-Appellees- Cross-Appellants.  Filed May 14, 2008

5759 5760 SPRINT TELEPHONY PCS v. COUNTY OF SAN DIEGO KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges,1 it is ordered that this case be reheard en banc pursuant to Cir- cuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

1 Judges McKeown and M. Smith…